1. Revocation of the first instance judgment.

2. The Defendant’s acquisition money (Seoul Western District Court) No. 2019 (Seoul Western District Court) 22576 against the Plaintiff.

1. Basic facts

A. On September 3, 2014, C Co., Ltd. (hereinafter “C”) transferred credit card usage price claims to D Co., Ltd. (hereinafter “D”) and sent content-certified mail to the Plaintiff on August 3, 2015, notifying the Plaintiff of the assignment of claims.

On March 31, 2016, D transferred the credit card user fee claim against the Plaintiff to the Defendant, and sent the content-certified mail notifying the Plaintiff of the assignment of the credit to the Plaintiff on May 24, 2016.

B. 1) The Defendant applied for a payment order against the Plaintiff as Seoul Western District Court Decision 2019 tea22576, the Defendant applied for a payment order of the acquisition amount. In the cause of the claim, “the Plaintiff concluded a credit card transaction agreement with C on February 18, 2014, and used it with a credit card.” On March 19, 2019, the Defendant asserted that the amount of KRW 15,176,563 was in arrears. (2) On April 4, 2019, the said court issued the payment order (hereinafter “instant payment order”) with respect to KRW 15,176,563 and 6,753,580, which was calculated at the rate of 15% per annum from the day after the original copy of the payment order was served to the day of full payment, and the above payment order became final and conclusive as the period of objection against May 8, 2019.

On July 5, 2019, the Plaintiff submitted a written objection to the above court on July 5, 2019, but was dismissed on July 8, 2019.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 7, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the assertion asserts that, on June 2014, if the Plaintiff repaid the full amount of the credit card usage payment obligation to C, compulsory execution based on the instant payment order should be denied.

In this regard, the defendant did not pay C the credit card user fee obligation, and the defendant has the credit card user fee claim against C.